21 Burst results for "Terwilliger U. S"
Convicted felon sentenced for having guns at Richmond unrest near Washington, DC
"Felon, this sentence, the more than four years in prison for possessing weapons and ammunition during a demonstration in Richmond's U. S attorney. In Richmond U. S Attorney Zachary Terwilliger Terwilliger, says 37 year old Matthew Leave. Fraser of Chesterfield had an assault rifle and handgun when stopped by Richmond police on June 12 after leaving the Robert E. Lee Monument and a
"terwilliger u. s" Discussed on WTOP
"Derek Koven, The former Minneapolis police officer charged in the death of George Floyd has posted bond and has been released from jail. Multiple reports say he posted a $1 million conditional bail this morning. Children has been held at a maximum security prison since late May. He was the officer shown on video, pinning George Floyd's neck onto a Minneapolis ST for more than eight minutes. What's that killing ignited protests against racial injustice and police brutality all across the country show Vin faces charges of second degree unintentional murder, Third degree murder and second degree manslaughter to Isis fighters were in federal court here in Alexandria today to face charges related to the deaths of four American citizens. W T O P NATIONAL security correspondent J. J Green has our story. Alexandra and El Shafie O'Shea quarter part of a group of jailers for Isis, known as the Beatles because of their British accents. Their role within the Isis terrorist organization was that of being part of a brutal hostage taking ski exact. Terwilliger U. S attorney for the Eastern District of Virginia. Four Americans were among their victims. James Foley, Kayla Mueller, Stephen Saw off and Peter Kassig. The whole world saw what they did the brutal acts of beheading or captured by The ISIS media propaganda machine. If convicted, each faces life in prison. The U. S had to promise the British government it would not seek the death penalty to get the two turned over. J Green w T O P News 6 51 watch out for unapproved face masks and other counterfeit personal protective equipment. There's a lot of it coming into the country, Customs and border protection officers all through the mid Atlantic. I've been seizing counterfeit and face masks as well as unapproved covert 19 medications and test kids. CBP says almost 59,000 facemasks violate trademark protections and are potentially dangerous. The shipments involved arrived from 11 nations. CPB says the volume of counterfeit covert 19 face masks is astonishing. 6 50 to the pandemic has closed the music venue. Hamilton Live since March. But this weekend, it finally reopens for a dinner and a movie Siri's of concert films. When you Walk into that Big 10,000 Square Foot Roman see more.
U.S. announces charges against two ISIS members
"Federal court in Alexandria this afternoon. Facing charges related to the deaths of four American citizens doubled. Ethiopia's national security correspondent J. J. Green has our story. Alexander and El Shafie l shake or part of a group of jailers for Isis, known as the Beatles because of their British accents. Their role within the Isis terrorist organization was that of being part of a brutal hostage taking ski exact. Terwilliger, U. S attorney for the Eastern District of Virginia. Four Americans were among their victims. Usefully Kayla Mueller. Stephen saw off and Peter cast like the whole world saw what they did. The brutal acts of beheading were captured by the Isis media propaganda machine. If convicted, each faces life in prison. The U. S had to promise the British
"terwilliger u. s" Discussed on WTOP
"T open news time to 37 Derek shove in. The former Minneapolis police officer charged in the death of George Floyd has posted bond and he's being released from jail. Multiple reports say he posted a $1 million conditional bail this morning. He's been held in a maximum security prison since late May. Now Shelvin was the officer's shown on video, pinning Floyd's neck onto a Minneapolis ST for over eight minutes. We'll have more on this story coming up later on. W T O P to Isis fighters will be in federal court in Alexandria this afternoon to face charges related to the death of four American citizens. Double DT Opie's national security correspondent, J. J. Green has our story. Alexander and El Shafie O'Shea quarter part of a group of jailers for Isis, known as the Beatles because of their British accents. Their role within the Isis terrorist organization was that of being part of a brutal hostage taking ski exact. Terwilliger U. S attorney for the Eastern District of Virginia. Four Americans were among their victims. James Foley, Kayla Mueller, Stephen saw off and Peter Kassig, the whole world saw what they did. The brutal acts of beheading were captured by the Isis media propaganda machine. If convicted, each faces life in prison. The U. S had to promise the British government it would not seek the death penalty to get the two turned over GJ green w T o P News to 38. Traffic and weather on the eights. Hello, Dave. Deal, Dime Hillary and hello to the caller who checks in and lets us know the crash on the B W Parkway, South bound South 1 97 is now on the right shoulder. We appreciate that not much left to rubberneck North bound. It's going to be volume delays beyond that point, if you're North bound, passing Fort Meade No news there on 95. No delays reported between the always route. 29 North bound. The crash near Wanna Wait is still blocking at least one lane, but no calls there. Unfortunately, it's definitely still slow, though. Can't see it in camera 2 70 between Rockville and Frederick. Good Route 50 between the Beltway in the Bay Bridge. Fine. Virginia 66 work Zone congestion west of the Beltway is so far manageable. But delays or building through Centerville Sound found 28 into Centerville slowly getting by the project of a total of two lanes. 66 eastbound east of Falls Church. For Boston single file. Getting past widening project paving Route 50 Arlington Boulevard in the vicinity of Annandale Road should be one lane getting by both ways and slower, westbound this time of day. 95 route one south bound across the Aqua Kwan volume building, but again so far just brief delays and in the district coming out of the third Street Tunnel to go out on your cavity would be so in a single file Getting past A new traffic pattern and the long term work zone at New Jersey Avenue. Prime members spend $10 at whole foods market in store or online Now to get $10 on Amazon for Prime Day, October 13th or 14th terms apply head on over the w.
Feds charge 11 MS-13 members with sex trafficking 13-year-old girl
"Barbara. Federal prosecutors have charged 11 alleged members and associates of the 13th Street Gang with Sex trafficking, a 13 year old runaway girl in northern Virginia. One of the victims in this case was 13 years old. When she was sexually trafficked, paying pedophiles sexually assaulted repeatedly by gang members and beaten with a metal back on multiple occasions. Zachary Terwilliger is three U. S attorney for the Eastern District of Virginia. Those charged face 15
"terwilliger u. s" Discussed on WGN Radio
"Of the top of the hour after the news the tap the our top five eight five you're gonna be the guy who is willing to pay twenty five thousand dollars to find a soulmate to anybody who can find a soul mate for him talk about did they're paying for people who are doing a little bit earlier that's kind of what that is boy boy hi George Terwilliger is joining us right now George Terwilliger that's the name you you may recall former acting Attorney General of the United States of America and thank you so much for being with us Georgia really appreciated that good to do it yourself I'm I'm I'm confused I wanted to bring you in talk about this because it's been a lot of debate on television and at the end and almost everybody I've talked to today was to talk to me about the Roger stone situation where Roger stone there was a seventy nine year guidance for his sentencing that was given by the department of justice to the judge and then the president was upset with that thought that was too long I checked another a number of other line the lawyers at did add to formally at DOJ well I god that does seem like a long time but now the Attorney General has stepped in and said well we're gonna read we're gonna look at all of those things we don't know exactly what the new guidance is going to be but they're going to reduce the guy and is eight is that appropriate is that common what what is your take well I'll take I'll take the questions in order yes it's appropriate in fact it may even in some cases be absolutely necessary is it common no nor nor should it be but the fact that it's on common doesn't make it make it wrong you know this whole thing reminded me that when I was serving as deputy Attorney General the number two person in the justice department I got in a situation where I did in fact over rule a decision by career prosecutors to indict a sitting United States senator and I and I did it because I thought that it was wrong to bring the case and I think what one of the things that's that's problematic about a lot of the commentary that we've all heard over the last twenty four hours is that somehow you know the political leadership of the justice department that is those who are appointed to those positions should just sit there and rubber stamp whatever the career folks want to do I have a great deal of respect for the career people I was a career person for ten years myself but the fact of the matter is that the ultimate responsibility for the decisions the department makes belongs to the leadership and where the leadership thanks they need to do something different they should the unfortunate part of this of course is that you know it looks like the Attorney General was bowing to the wishes of the presidency that's not what happened but it but it looks that way now I want to ask you about held answer are exploiting that right and I don't want to ask about that because I think they do chores that that makes this that much more complicated because the president is involved in this directly it is not as though this is not related to him right because what but the reason Roger stone we got indicted in the first place was about him trying to help the president would through these that these actions he was indicted for can you hold on one second for me will come right back I want you to respond to that because that's it's the the closeness of this relationship is what I think has a lot of people uncomfortable George Terwilliger is with us as you just heard he is a long time member ID ten years at the department of justice or he was the assistant a US attack and the assistant Attorney General a nice isn't acting Attorney General for a period of time as well come right back and get his thoughts on this but first or left is got the WGN traffic.
"terwilliger u. s" Discussed on The Date Podcast
"terwilliger u. s" Discussed on 600 WREC
"Is definitely for you come in today and learn about the benefits of E. banking at bank of Clark County member FDIC Asian in northern Syria Lisa Brady fox news Turkey just confirming that its ground forces have crossed the border this follows earlier airstrikes activists in a war monitoring group now reporting at least seven civilian deaths Kurdish forces who were US allies in the fight against ISIS are considered terrorists by Turkey the White House releasing a statement earlier today it says this morning Turkey a NATO member invaded Syria the United States does not endorse this attack and has made it clear to Turkey that this operation is a bad idea on oxygen for Griffin at the Pentagon the statement also says the US will hold a Turkey to its commitment to protect civilians and religious minorities for the first time today former vice president and democratic presidential hopeful Joe Biden is calling for president trump to be impeached his words it is actions trump has indicted himself good and angry response from president trump on Twitter calling Biden sleepy Jello and Biden responding to the president as well saying thanks for watching an indictment announced over a classified leak the suspect and intelligence analyst boxes girl Scott has this slide release Henry tile freezes charged with handing over the top secret documents which the justice department says contain details of foreign weapons systems that could compromise national security U. S. attorney Zachary Terwilliger says it began with a journalist asking for that information he would.
Authorities say they seized about 66 pounds of fentanyl in a massive drug bust
"A drug bust includes what prosecutors say is enough fentanyl to kill fourteen million people here CBS's chip Reid announcing the largest drug take down in Virginia in fifteen years G. Zachary Terwilliger US attorney for the Eastern District of Virginia said most fentanyl comes from Chinese labs in total authorities seized over thirty kilograms of fentanyl thirty kilograms of heroin five kilograms of cocaine and over seven hundred thousand dollars
"terwilliger u. s" Discussed on Opening Arguments
"In now, this is the longest I've had to wait to find out whether or not I got a question right. This was seem like a tough one who, how do on Not t. this week. Oh, no, social, this firm has ever failed the bar exam. No kidding. Yeah. TT number ninety, four. This was a constitutional law question. This was congress passed a statute directing the US forest service to issue regulations regarding campfires. The forest service issued a regulation that was maybe arguably not entirely related, but says that the schedule of penalties would be doubled for any negligent or prohibited USA fire if the user is under the influence of alcohol or drugs. So kind of a potential Chevron angle here. But the question actually went with which the following arguments best supports a finding that the rule is constitutional and you went through so a was that the executive branch has inherent rulemaking authority. You ruled that one. Out which was good does does not have inherent rulemaking authority over public lands article. One section eight clause seventeen gives congress the power to provide for the regulation of activity on such Lance. So let that was that was dead wrong, good elimination on a skip be, which was your answer. We'll get to that in a minute. See you said the see said the rule is justified by compelling government interest in safeguarding forest resources that that is also incorrect, good elimination. That would be a good reason to four congress to issue a law, right? Because it is showing that is compelling government interest, presumably under the interstate commerce clause, but has nothing to do with executive rulemaking has to do with congress delegating rule rulemaking thority to the forest service Di was the rule relates directly to law enforcement, which is an executive rather than legislative function. And hence does not need specific congressional authorization. I think this was the best attractive distracter you ruled it out correctly. So I am happy to say the the executive branch is is, does indeed have authority over law enforcement. But this was not about law enforcement. This is about the forest service. So that left be your answer that the rule was issued pursuant to valid exercise of Congress's power to delegate rulemaking authority to federal agencies. Absolutely correct. You thought it was the most straightforward turned out to be the right one. Yeah, this means you are now fifty five of ninety four. That's fifty eight and a half percent. You got one more to give you need five right out of the next six. These are are, are playoff run right here? And this is I am super excited for Friday's episode. I know the question that's on deck and I can't wait to hear. Curia tackling. We do know I have one more real property in there somehow. One more could could be that could be something. It's not as though it's not as those hard. The rest of the bar standing on their head, right? Yeah, yeah, I really this one I didn't. I wasn't. Yeah, I wasn't sure, but I just really wasn't in love with any of the other. It's just didn't quite seem right. So I'm glad I just picked one that seemed true, and there you go. Got lucky. All right. Well, I've relieved tell us future Andrew, or should. Andrew, actually, because we're, yeah, current, Andrew, whoa. Step out of that time machine. I'm gonna go with not only a losing entry, but a repeat of former winner skeptical seven FU who that is at skeptical s. k. e. p. t. l. the number seven t h on Twitter, who's this this? The greatest thing. I think anyone has ever done for TV. She says as now well established that there's no loss. A dog can't be a lawyer. I decided to recruit my puppy this bar exam question. It is a door -able skeptical. Seventh put four treats on four pieces of paper labeled ABCD. The puppy makes a beeline for the sea incorrect answer, but I really want to see more animal related efforts to answer TV..
"terwilliger u. s" Discussed on Opening Arguments
"The secretary of the veteran's affair of the veterans administration's David Schulkin and named the undersecretary at the Pentagon, Robert Wilkie to serve as acting secretary under the Yarra bypassing the VA succession by statute. Veterans groups brought a lawsuit to say, you can't do that you, you can't use the VR a when you fired somebody and then the White House immediately backtracked and said, no, no, we Schulkin wasn't fired. He resigned and they did that as a way to kind of insulate another layer in in the statute, and then Shokhin came out today. I resigned. And so it mooted the lawsuit. So you know, look, you can read that as saying the White House was concerned about litigating this issue, or you could just read it a saying, what's the path of least resistance, but but that does it does loom out there. A lot of people are saying it will make a difference, and I don't want to sign onto that. It's not a court decision, but but if Trump tries to put into crony and Rosenstein was fired, there will be a lawsuit and. And it will not be a frivolous lawsuit because of that core principle. But but I am not as confident as some sources that are saying there is an ironclad distinction between if Rosenstein is fired or if he resigns, but but to the extent that there would be a meaningful difference, it would be over Trump's ability to use the f. ERA to to leapfrog and put a total stooge in as as acting and deputy attorney general. So that's the significance. Okay. Well, again, I think the PR significant agree with you on that. I totally than that because the difference between stooge and was Francisco, like I don't even know how Cindy significant that difference would be, but all right. Yeah, as usual win. Andrew has a lot of bullet points under the segment for Rosenstein. We that fills up the whole episode so I don't think long time to get too much else. But cavenaugh, geez, they're going people are going. Testifying this week, and I'll be glued to the screen for sure. Is Anita hill two point. Oh, and and I guess we'll see if anybody's learned any lessons. Do you have any quick thoughts? And I'm sure we'll address that on. I, I would say, let's address on Friday. We probably still will not be able to react to the testimony because that's gonna come after we record on Thursday. Yeah, we'll see if we can figure something out. I don't know. I will say there looks to be some momentum towards the Feinstein position of, hey, look, we, we gotta slow this down. We've got to put this on hold. That's been the game all along. Right? We've said this from the beginning right McConnell wants to ram this through quickly as possible. There are outstanding documents on, I guess, on Friday, I will talk about the the legal status of the pending lawsuit, which we tease. There's there's a whole lot of reasons out there to to kinda wanna slow things down. And and I think that that's starting to break with the American public of, hey, look, we just, you know, maybe maybe we're ex, maybe we're why, but, but there seemed to be things that are worth finding out and that to me that does not seem like a hard argument to make. So if you want optimism on cavenaugh, that would be that would be my optimism as well, that that maybe there's some movement towards, let's not, you know. Let's let's turn off the rocket boosters on this thing. I don't know about that. All right. Well, we'll we'll have plenty more update on Friday, but for now we've got to thank our new patrons over on patriot dot com. Slash law, hope you enjoy that CUNY coming up a lot of movies, the ad free episodes each and every time..
"terwilliger u. s" Discussed on Opening Arguments
"And then there was a power struggle between the person who is next in line Leandra English and the person that Trump wanted to appoint Mick Mulvaney and we know how that turned out because Mick Mulvaney is head of the CF PB and Leandra English is still a litigant in federal court who's lost. So how'd it? Mick Mulvaney get to leapfrog out of another governmental agency to head the CFP. And the answer is by virtue of the federal vacancies reform act which allows, here's here's the terms. It says, if there's an officer of an executive agency whose appointment office is required to be made by the president and with the advice and consent of the Senate. Right? So acting attorney general deputy attorney general would fit this category, right? Dies resigns or is otherwise unable to perform the functions and duties of the office. Then the president can appoint one of two classes of people. He can either appoint somebody who has already been appointed to a federal office by and with the advice and consent of the Senate, which is what covered moving right? Or he can appoint somebody who holds a GS fifteen or higher office who during the three hundred sixty five day period preceding the date of death, resignation or inability to serve the officer served in a position in such agency for not less than ninety days, right? So in other words, Trump can take a huge pool of people and appoint them as the temporary head of the executive agency. While he is finding a permanent. Nominee and he can appoint them for two hundred and ten days or if longer the period while his nomination is pending in the Senate. Right? So in other words, you can't Merrick garland around this, right? Like if somebody's at two hundred nine days, you can't continue to hold out the the, the Senate nomination. The acting nominee would would get to stay in that position to one hundred ten days, obviously long enough to get through the mid terms long enough to do whatever Trump's dirty work is. And the question here I read you, the statute you immediately sort of see there's a preliminary question of, can you does that statute let you leapfrog over the normal succession that's provided by other laws? And that answer, I think is really, really clearly, yes. We saw that with the CFP and the DOJ has issued a memorandum saying, yeah, if. If if there is a vacancy, the president can leapfrog around that with the federal vacancies reform act. The larger question is what if the vacancy is a vacancy that the president himself creates by firing somebody, right? And I want to say that this is not a, it's not a frivolous argument for the reasons that we're always talking about on this show, right? Which is you want to consider the practical consequences of how laws were together, right? So if the president could just start firing people and bypass the Senate confirmation process, right for two hundred and eighty days, two hundred ten days at a clip that would evade all of the procedures in a dozen other laws that say when you have these high level executive agencies, they've got to be confirmed by the Senate, right? And instead you can just get right. You just keep firing people and just putting new people who are not confirmed by the Senate, moving them up, letting him surfer too. Hundred ten days getting another guy right? And and the the it is really clear from the legislative history that the vacancies reform act was meant to give the president the flexibility to deal with. You know, somebody dropped dead on the job right? If if if you could create the vacancy in every executive branch office, then fill them with people who are never confirmed by the Senate at all, then you know that that really seems to be taking the law in a direction it was. It was never intended to go. And the Ressam evidence that in the abstract Trump would like not to have a court battle about this right in March of twenty eighteen Trump fired..
"terwilliger u. s" Discussed on Opening Arguments
"If if Trump has Francisco or somebody else, and I'm going to speak to somebody else in in a minute fire Muller that does not mean that White House vans show up or Trump private security vans show up and start feeding stuff into shredders right. That does not mean them. All of this goes away. Muller has the ability to fight back at that point and and and he will. He will get a lawyer and we'll go to the courts seeking an order. That his dismissal is contrary to law and arbitrary, and and that will be a legitimate substantive fight. And and whenever we have the ability to undertake a legitimate substantive fight in the public, you know, there's, there's still hope there. Yes, ultimately that is going to get resolved by the supreme court? Yes. If cavenaugh makes it onto the supreme court, it will be a highly partisan supreme. There are lots of reasons to think that there there's bad stuff going on, but there's still reason to believe that there is still some hope. So that's that's an additional layer of protection that that's there. I hope it doesn't. I mean, hopefully, you know, hopefully we're doing this. We're working everybody up blade on a Monday early on a Tuesday and and everything blows over and Rosenstein goes into Trump's office and say, what when I first saw the? Oh, Rosenstein is going to resign. I thought I really, I mean, I don't know the guy, but I, that sounded really surprising to me. It seems like he would want to make Trump fire him. But then again, that's me thinking is a democrat. I don't know if he would, you know, because it would be it would make it. I think a lot easier on Trump if he just resigned because that's Trump is a coward and doesn't fire people, and they just hope they'll leave. But what is your read on that? Do you think there's ancients he would have just like lay down and just resigned, or do you think he's going to make Trump fire him? I don't know that I read it as Rosenstein seeing a difference between being forced out I resigning and and publicly making Trump fire him. There is an argument to be made that for purposes of the federal vacancies reform act, that there is a difference between whether that they can see arises. Naturally, that is because Rosenstein dies or resigns or unnaturally. That is because he's been fired by the president come. I wouldn't want to go through that argument super quickly because I'm not persuaded that it is not. I'm not entirely persuaded just mean publicly like it's it's easier PR perspective. I didn't mean like the technicality of. Yeah, will and I do want to. But I mean, you have to say, obviously, if Rosenstein, you know, take an extreme example tomorrow. He gets up and says, family reasons, I got to leave the post, you know, obviously that's going to be easier on Trump publicly than no. I agree with that. I think that if and so if if Rosenstein were to concoct a reason like suddenly developed a need to watch, you know, my daughter's softball like, yeah, yes, that would that would surprise me for all the reasons that we've described. And so I think the what it's called. Called right. Like in in the legal community, the, you know, I resigned slash. I was fired. Like I, I think, given his background that that he's likely to think, well, as long as I don't back up the you know story, it's it's really the same kind of public public perception, right? Everybody knows I'm getting forced out so yeah, but but what would be the advantage to him too? Right on, I don't think there would be one, and that's why I the first reports that went around. Yeah, yeah. So make him do it. I don't get it making fire you. I, I hope I hope that that was another one of these inaccurate. I think I think it was because we saw that out of the New York Times the morning. And then as the news developed over the course of the day, we didn't see that anymore. So you know, we're all speculating at this point, but, but but I do want it does kind of point the way to sort of the last legal issue which is we talked about the. Accession, but there is a way for Trump to leapfrog over the succession. We actually covered this way back in one twenty six when the former director cordray of the consumer financial protection bureau resigned..
"terwilliger u. s" Discussed on Opening Arguments
"And we've, we've discussed how the president is at the head of the department of Justice. The department of Justice is an executive branch. Therefore he can fire the attorney general. That's true, but because Muller was appointed pursuant to a statutory provision the the Hennion case, because it really clear that he can only be removed by the department head and not by the president, bypassing the department head in the department head. In this case is the attorney general that case, the Hennion case has been cited numerous. Times the pest nearly two hundred years since it was decided including recently in a case PCA OB versus the f. which is a case from twenty ten. I believe that is good law. I believe that that Trump cannot fire Muller directly. He will have to get his attorney general to do it as any general Jeff Sessions is recused. So his acting attorney general, that's why this is crucial. But the acting attorney general the the attorney general here can't just fire Muller on a whim. Either the the provisions of the CF are which is the regulations interpreting the relevant statute. It is twenty eight. CF are six hundred point. Seven. It says special counsel may be disciplined or removed from office only by the personal action of the attorney general, right? So that confirms the expert Hennion reading that I just gave you the attorney general may. Remove a special counsel for misconduct, dereliction of duty, incapacity conflict of interest or for other good cause including violation of departmental policies. The attorney general shall inform the special counsel in writing of the specific reason for his or her removal. So that's the next layer of protection, right? If they are going after Muller. Yeah, we'll be what kind of Bs reason or excuse can they find to fire Muller? And then and my next question would be, who enforces that? So let's say they get to that level and they make up some crap. Oh, we're firing Muller because of the rigged witch-hunt. He's gone off the rails and they just make up some nonsense who is there anybody that can say that's nonsense? Yeah. Well, that would go to the courts. Yep. That would be the supreme cabin rapists court. And then they would say that I okay. So that goes. Sorry, I, it's going to be really hard for me not after Kavanagh's confirmed to just refer to it as the supreme rapist court. I know that's unfair to six and a half to seven of the justices, but but yeah, so yeah. But remember before we get to the supreme court, we go to an ordinary US district court for the district of Columbia to issue a writ of mandate MOUs and or an injunction that says, no, you can't do that. And I think that will be front and center that this is if it is a pretextual reason, there will be at least a public lawsuit. So you know the the concerns I, I am very, very concerned. I do not want to downplay this in any way whatsoever. Okay. If Rosenstein is fired, we should riot in. The streets we should. Absolutely. It should be. I was going to call this when when I thought Rosenstein was going to be fired today, this episode was going to be called the Monday massacre we did an episode on the Saturday night massacre and and this should be treated no differently. It is transparently an effort by the president of the United States to get rid of the investigation. The legal investigation that has led to third more than thirty indictments that has led to guilty these criminal convictions, serious bad guys out there and and we should not stand for it. That being said, we have seen that this president is willing to do an awful lot and cares very little about the law. And if the news is tightening, you know, maybe h-have like a cornered animal and may undertake these these actions and and what I'm trying to do. We do this very infrequently on the show, but I always look for the options is to say it's it's not a foregone deal, right?.
"terwilliger u. s" Discussed on Opening Arguments
"So wait, he can just do stuff through executive order. What are the implications of that? Can he just like whip one up to get whoever wants in the possessory. We're going to speak to that in a minute, but because the president is the head of the department of Justice, he can issue an executive order specifying what that order is that is allowed to be delegated to the department of Justice via statute. And his e o says, after the solicitor general comes the US attorney for the eastern district of Virginia, followed by the US attorney for the eastern district of North Carolina, followed by the US attorney for the northern district of Texas. And those are just three prosecutors. I suspect that there were Trump loyalists in those positions at the time, the. Forementioned Dana uinta I think was a Trump loyalist and that guy was the US attorney for the eastern district of Virginia. When this e o was issued. But now it's a guy named Jesus Acharya Torella Ghur which is just a fantastic name. Yeah, that's another one of those euphemisms that we have. Jeez. It is. I like to picture him this sideshow Bob's brother. But had he just seems to be a guy just a prosecutor, right? He started off as an intern in nineteen ninety nine. He he was a summer law clerk there in two thousand and five. He he clerked in the southern district of Florida just for a regular district court. Judge just like a lot of law school grads do not a not a huge conservative, think tank kind of guy, just a just a guy, and then he was appointed special assistant US attorney in the eastern district of Virginia was on a safe neighborhood. Task force, worked for the major crimes unit. He was assigned to Chuck Grassley Senate Judiciary committee for for about a year, but but that's not even that is not a huge indication that he is a Grassley loyalist. I've had friends that have served stints on the on various Senate committees. They will often take lawyers to to do research and and one of the big issues that that. Attorneys-general have been working on is trying to revamp the sentencing guidelines trying to move to something to to fix the problem of of non violent drug offenders. And that's something that you know, yes, Republicans are Uber tough on crime, but even there's some movement, even among Republicans in kind of realizing the the craziness of having literally millions of men and they're almost all men. They're almost African American men in jail, serving mandatory minimums for possession of marijuana. That's that's a real problem. So anyway. Tertre Willett or would be the next guy up as far as I can tell. And and boy, I like to imagine that that are willing is another rod Rosenstein. I certainly don't have any. I don't have any even the is evidence that he isn't. He just seems to be somebody who likes being a prosecutor and it looks like a smart guy and and I'm, I'm watching. I obviously, I hope rod stays if it has Kurt position, that's that's the best possible outcome, but but keep your eye, keep your wilder. So there you go. Yeah. Keep your eyes on the tour. Willer everybody. All right. What else do we need to talk about in terms of this this mess? I mean, all this is just because Trump really wishes. He could fire more. And he somehow can't as much as he can do with everything else. Again, executive order all this stuff and fire different people, but he can't fire Mon and not only can he not fire Muller. So the the case that makes it clear that Trump cannot fire Muller is a case called x. partee Hennion and it is from eighteen thirty nine. Okay..
"terwilliger u. s" Discussed on Opening Arguments
"Yeah. Now what if something happens to Francisco, right? He's he, he develops an acute conscience or is hit by a bus cute case of ethics bets. Look, I'm coughing that's going around these days. Right? I have seen this is this the weirdest thing to me. Everybody is saying that the next man up after Francisco and they're all men necessary. I'm not being sexist. They just they just are is, is Stephen Engle who is the assistant attorney general for the office of legal counsel? I don't think that's correct. I think the people who are saying that are looking at a twenty sixteen attorney general order. It's order three, seven, seven, seven dash twenty sixteen. It was issued by then attorney general Loretta Lynch that says, office of legal counsel comes up next in the order of succession. But I think that's been superseded. I think that has been superseded by an executive order that Trump issued on March thirty first of twenty seventeen, which says, after you get past the solicitor general, remember I said, the statute says that goes to the deputy attorney general followed by the associate attorney general followed by the solicitor general. That's Francisco, followed by quote. Assistant attorneys, general as designated by the attorney general. Well, this Trump e o designates who those attorneys general are need.
"terwilliger u. s" Discussed on Opening Arguments
"So that's not a great sign. I, yeah, I want to head off because I have seen already. I think politico is up with the story saying, oh, well, you know, Francisco has a conflict of interest. He's obviously going to recuse himself. I wouldn't explain what this conflict of interest is, and my belief that he absolutely will not recuse himself. Well, especially after all Trump does is go after by the way, if you're if you're an evil cartoon villain, as these people are Jeff Sessions is like the most productive in terms of carrying out your evil plan. And yet he's probably gonna lose his job after the midterms in my opinion, because Trump is so angry that he recused himself. So I'm sure that would be somewhere in the calculus of whether or not people want to recuse themselves fide. I completely. So here is the allege. Conflict of interest Francisco was a partner at Jones day Jones day is a Covington and Burling style firm, right? They they may even be bigger than Covington Burling. They're huge. I have friends over at Jones day, right that it's it's an enormous. They've thousands of lawyers across multiple countries, right? Another law partner is Don Mcgann. White House counsel and Jones day continues to get paid for advising the president. They were the law firm that represented the Trump campaign and they represent Trump with respect to the Muller investigation. However, so long as an attorney is walled off, it is virtually commonplace for you know, you've got one corner of the firm doing this work for Donald Trump and it it absolutely. In my view would not preclude franscisco from saying, I never did any work for the president's campaign. I have no ongoing contact with Jones day. And so there's no problem. There's no conflict and you don't have to bypass me. And in fact, Doug, this up Francisco signed an ethics agreement when he was appointed as solicitor general. And the ethics agreement specifies that basically he gets he gets a lump sum paid into his retirement account because he's a partner at the firm. He hasn't given up his partnership there, and the firm is being paid by Donald Trump. And then it says for seven years, the. Withhold a portion of his partnership shares a reserve for account reconciliations and tax payments that the firm makes on behalf of its partners until all of these payments are made. He will not. He Francisco will not participate personally and substantially. In any particular matter that to his knowledge has direct and predictable effect on the firm's ability or willingness to make these payments unless he first obtains a written waiver, pursuant to statute, and the reason that I predict that Francisco will say that this walling is sufficient is because he's already done this in February of this year for in Cisco, initially, recused himself from representing the US in the travel ban case because Jones day has provided legal advice to the president regarding the travel ban. And we're in fact representing an amicus. A petitioner in a group that filed an amicus brief on behalf of the travel ban. And then after about a week, he decided to unrig us himself in that matter. So I do not believe that knowl- Francisco is going to recuse himself. If he is the next man up, if Rosenstein is fired, he will then assume jurisdiction over the Muller investigation there. There's another bit going around that says, you can't be acting acting, which is true for succession, but the the fact that it was the acting attorney general that I issued the order appointing Muller in my view means that the acting attorney general then has ongoing supervisory authority as Francisco. I made calls this morning because I, I realize we're trying to sort of piece things together. I called French. I tried to find out everything I can about Francisco to see is this guy a hack is this guy, and I couldn't find anybody who knows him well enough to to to tell me that from the inside doesn't look good. But and again, you know, there is. I don't know. I mean, I just I had the good fortune of knowing rod Rosenstein, right? If it had been, I'm sure there are other rod Rosenstein out there. I don't offend. He recent to believe that no Francisco is one, but sure hope he is..
"terwilliger u. s" Discussed on Opening Arguments
"Yeah, we, we got some winners on our team don't where he was acquitted. So, yeah. He's still appears to be a crook. Every Republican was in favour, except for Thad Cochran and a guy named Jerry Moran from Kansas. I actually had to look up his first name because I did not know who the junior Senator from Kansas was. I don't know why those dudes weren't there, but but they weren't there. It was a straight party line and the the worry in confirming Francisco as solicitor general was that the solicitor general represents the interests of the United States before the supreme court. And the concern was Francisco was too much of a Trump loyalist to really independently occupy the position Francisco is very, very smart. Arch conservative clerked for Antonin Scalia and for Michael Ludwig. Who is Ted Cruz favorite judge and favorite potential supreme court? Nominee. He did work on the Florida recount team that I was on behalf of George W Bush back in two thousand that I was invited to be part of. And then and then went to work for Jones day which we're gonna talk about in a minute. Prior to being named solicitor general, nor- Francisco had been to the supreme court on three specific occasions. He won the major nine victory. He represented corrupt Virginia, Republican, governor, Bob McDonnell, and we've talked about the precedent set by the McDonald case quite a lot on the show. That was the case that that in which the pharmaceutical executives had given McDonald's wife for coats and given Bob McDonnell like they rented him a Ferrari showered him with money. But because all McDonald did was you know, sort of introduced them around the supreme court. Like I said, nine, nothing endorsed the position that that was not a quote official act under the bribery statute, and it made it virtually impossible to to pursue. Bribery convictions. Look, if you can't convict Bob McDonnell, you can't convict anybody, and it was Francisco who argued on on that side and look like very clearly made a brilliant argument. He also argued an NL our case arguing successfully that the that the statute curtailed the scope of Obama's ability to make recess appointments. And he argued as as kind of a follow up on on one of the, the hobby lobby cases, he argued a Burwell case case was consolidated into the Burwell cases back when the supreme court only had eight justices on it, arguing for that.
"terwilliger u. s" Discussed on Opening Arguments
"Like the reason that this mythology exists is because that's, you know, that's what you get taught at at journalism, so so to go back and answer the question, I think if you said that to a confidential source, he that source would just say, okay, fine. I'm gonna call somebody else. And there's there's never a shortage of journalists who are willing to take that phone call and you're gonna find somebody who's willing to give it to you without conditions that that's my kinda sad take on it. Yeah, yeah. So it makes sense. I dunno still everybody, you know, unite, journalists unite and make maybe the new panel. We have a bunch of journalists who listened to the show, and I think everybody knows listening to this show how pro investigative journalism we are right, but this this is a case where it seems to me. And again, I'm open to being wrong if somebody works for the New York Times, listen to the show wants to write in and tell me, I've got it back. I would love to be wrong on this because I keep unanimous. Yeah, I subscribe to the New York Times. I love those, right. You know. So they're doing great work in this, but this seems just a clear cut example that they are being manipulated by somebody in the Trump White House to lay the seeds to fire. The last honest man in in Trump world, and that's, that's depressing. Yeah, wow, long. Glad you. Yeah, I wasn't quite sure what to make. Make of all that, but now that you put it that way, it makes sense. So Rosenstein vehemently denied all this, right? Yes, yes. And that does seem believable when you put it that way. All right. Well, so what about though, because things are getting heated and who knows if this will work like it sounds like potentially the scheme of giving Trump some excuse to fire Rosenstein could work. What happens, you know, who's up next will the will the investigation be safe. Take us through some of those questions. Yeah. So first who's up next as it turns out, there's a law. It's not just, you know, sort of custom and practice. There's a, there's a codified statute, Twenty-eight USC section five. Oh eight. And the duties of the attorney general devolve I to the deputy attorney general then to the associate attorney general followed by these. Solicitor general, and then followed by assistant attorneys, general as designated by the attorney general. We're going to get to that in a minute, so. Okay. Rosenstein gone. Who's who's the associate attorney general turns out nobody. That that and the reason that it's nobody is because that position requires confirmation by the Senate last officeholder. The last holder was Rachel brand. She was regarded very, very conservative federalist society type, but somebody who was regarded as independent. But she decided to resign in February of this year to go take a job as head of global corporate governance, whatever that means at WalMart. So brand is out. The position is vacant. It is currently being filled by an acting associate attorney general, who's a guy named Jesse Pacheco. He's thirty seven years old. He is a Rick Scott crony Ed, but it all that doesn't matter because he's going to get bypassed there is there's no requirement in the law, but long standing tradition. Bishen at the department of Justice is that win? You are only in the position because you are acting than when the mantle of succession comes to you. It skips over you. Right? And so that happened when acting attorney general, Sally Yates was fired than the next person up would have been again, the associate attorney general, but and then the solicitor general, there was no associated attorney general. There was no solicitor cheddar to time. There was only an acting solicitor general, and he was then skipped over to go for the US attorney for the eastern district of Virginia, a guy named Dana Puente so so the fact that this thirty seven year old Rick Scott loyalist is the acting associate attorney general, doesn't matter. It's gonna skip him. It's going to go to the solicitor general who is a guy named knoll Francisco. So this is another to be to be appointed. Solicitor general. You have to be confirmed by the Senate. He was confirmed fifty to forty seven in 2017 that is three, no shows that means every democrat was opposed except for Bob Menendez who is on trial for corruption at the time..
"terwilliger u. s" Discussed on Opening Arguments
"Can we make sure he writes it like we have to see him put ten to paper and actually write something because that that'd be you might just be like. No, it does. It does require a written declaration, but, but I mean leaving that joking aside like it to override the president's self determination that he's fine. You'd have to get two thirds of both houses of congress, which is harder than impeaching. So yeah, it's just a preposterous Rosenstein knows this. So there's zero chance right that the stories that have come out since then are alternatively either he didn't say it or if he said it, he was joking, and that is one hundred percent believable because nobody smart as rod Rosenstein is dumb enough to be seriously floating the twenty fifth amendment. Absolutely not. And I, and then I just want to say like, in addition to leaking this story, the the New York Times was the first on the seem to run with the story that Rosenstein was going to resign this morning. And I to me, this is just I have now I have no come full circle. We maybe we could have put in a Randall Eliason was right bumper at the beginning, but we had professor allies in on to discuss a whole bunch of things. And we made reference to the fact that he is probably I think the only voice on the left that has raised a consistent critique of confidential sources, right? He testified against the flow of information act. This is one hundred percent a validation of his position. And I just I went back to his two thousand eight American University law review article, and, and I'm gonna allied over a little bit, but but here's. This is near the end of the article. He says, privilege supporters, usually invoked the icon of a virtuous whistle blower motivated by noble desire to inform the public through the media. The reality of course, is that many sources are anything but noble in anything. But innocent, this is particularly true in Washington where anonymous sourcing exists, much more to protect government spinners than actual whistle blowers the Valerie plame case, which is live at the time is just the most famous recent example and and I say, I think he's one hundred percent dead on with respect to to to what's going on here. This is very clearly a Trump loyalist leaking, quote, unquote to the New York Times. These stories about Rosenstein in order to prime the pump to get Rosenstein fired and and the fact that the New York Times is allowing themselves to be manipulated this way is is disappoint strating. Yeah. What do you think about the kind of the model. Fide maybe a compromise between the two methodologies there where if a source is completely full of it and deceives you, you know, as a journalist than it's like, okay, game on. I'm going to reveal who it is. Yeah, I and give the proof that here's them on tape saying, yes, the Rosenstein definitely discuss the blah, blah, blah. I, I actually think there's there's less of a chance of that happening voluntarily because because clearly what's what's happening here and look like I'm beating up on the New York Times. It could have been another major paper because what happens is the confidential source calls you up and says, I demand, you keep my name confidential, and if not, I'm gonna go talk to the Washington Post and if not, I'm gonna talk to the LA times and and the the desire for the scoop coupled with. I mean, look, let's talk about, you know, you and I are capitalists when Judith Miller served eighty seven days in in prison. I believe I'm connection with. Valerie plame and and then she got a one point, two million dollar book deal out of it right. Then I, I'm not saying I would go to prison for eighty seven days for one point, two million dollars, nor am I saying that you know. I'm just saying that the journalists have a trade dole, send Thomas. There you go, we get, we get there. I will coach you in the best crime to commit so that you have the cushy est jail stay for for patriot. So you know, look like it. It's a situation where the professional and the financial incentives and you know, and let look, let's be fair to the journalist, right?.
"terwilliger u. s" Discussed on Opening Arguments
"What was over the weekend was a Friday. It's all blur of news, but it was about potentially rod Rosenstein. Joking, maybe not joking about wearing a wire about invoking the twenty fifth amendment what is going on with this mess? Yeah, this was this was a New York Times story that dropped after close of business hours on Friday, and it is an absolute. I'm going to say a clown horn of a story, so we don't. We don't make. So that we don't. That's what that's what our listeners have dubbed Brian's. Dag Nabet or something. I was like a clown. Is that like the nice way, saying cluster, f, let's right. It's it's my way of swearing without making Brian. I love that. Let's get that going. Real clown. Look. This is the story that leaked argued that among other things Rosenstein had volunteered to wear a wire for Muller, which is preposterous. You would never use a low, the person who issued the letter of appointment, right? You would never invoked involve them as a material witness because it would be crazy putting that person on the stand. Right. Okay. So that part of the story was was unbelievable, and then even more preposterously and and I'm really unhappy with the New York Times for for running with the story. It suggested that Rosenstein had suggested to White House staffers that he was going to solicit whether they were going to invoke the twenty fifth amendment to remove Donald Trump. The reason that that this is a clown horn store. Is because the twenty fifth amendment is this is a crass in Steen occupied Democrats level move, right? We talked about before that would be the obvious better way to go. Right, because it, yeah. I mean, let's I dismissed it, but, but because this is now come up and been associated with the nation's second highest law enforcement official. I mean, let me read a little bit of the text of the twenty th amendment. Right? So the first parts are dealing with actual succession, right? The vice president becoming president section four says whenever the vice president and a majority of the principal officers of the executive departments, right? So the cabinet heads transmit to the president pro tem of the Senate. That's Orrin Hatch and the speaker of the house of representatives that's profile in courage. Paul, Ryan, they're written declaration that the president is unable to discharge the powers and duties of his off. Office, the vice president, Shelly mmediately, assume the powers and duties of the office as acting president. Okay. But then the next paragraph says thereafter, and that can be contemporaneous there with right when the president transmit to the president pro tem of the Senate and the speaker of the house, his written declaration that no inability exists, he shall remove the, he shall resume the powers and duties of his office unless and then you can go back and forth. And if two thirds of both houses decide that the president is unable to discharge the powers and duties of his office than the vice president shall continue the discharge as the acting president. So in other words, so long as let's let's do, it's impeachment plus you have to run a marathon and like you know, bench four hundred pounds and do all this additional stuff. It's like why? And you don't get to impeach the guy, right. That's exactly right. And so I mean, look at all of the all of the the, the additional criteria that are on that. I mean, it's kind of almost not worth continuing to go through right. Like in there about like the president pro time of the Senate has to drop all the rape apology that he's doing. Did they write that in or is that just assumed. Shockingly not present in the twenty fifth amendment. Look like this amendment is intended for the president is in a coma, right? This is intended and and so leave. Everything else aside. Okay. If I thought there was a special secret, constitutional provision that applied when the president was in a coma, but it was easier to get Donald Trump out of office than, yeah, like a great. We could talk about it, but that's not what this is. It would be harder you would have to get the cronies that Donald Trump has appointed to his cabinet to sign onto a letter, and then all you would have to do admittedly getting Donald Trump to write a letter and not a tweet is a hurdle..